Case Details

Dead animals, malnourished dogs seized
Imlay City, MI (US)

Incident Date: Friday, Mar 16, 2007
County: Lapeer
Local Map: available
Disposition: Alleged
Charges: Misdemeanor

Alleged:
» Ellen Mills
» Clair Mills
» Andrew Mills
» Kate Mills - Dismissed

Upcoming Court Dates:
» Thursday, Oct 25, 2007

Case Updates: 7 update(s) available

Case ID: 10988
Classification: Hoarding
Animal: dog (non pit-bull), horse, sheep
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Dead animals and malnourished dogs were confiscated from a Weyer Road farm March 16 morning.

Lapeer County Animal Control removed three live dogs who appeared malnourished, seven deceased lambs and one dead horse from a farm.

The house and property were searched March 16 morning by Lapeer County Sheriff's deputies and Michigan State Police.

"Two dogs were chained; a blue heeler to a tree, and a husky was chained to the porch when we arrived," said Lapeer County Animal Control Director Walt Rodabaugh. "Another blue heeler was in a cage in the back. There was no evidence of food or water for any of the dogs at the time."

Dead lambs and a dead horse were found on the barn floor. Lapeer County Sheriff's deputies discovered a pit on the property containing dead horse carcasses in and about the area.

Rodabaugh and other animal control officers removed the thin dogs and the deceased animals. The horse and lambs are being sent to Michigan State University where necropsies will be performed. A veterinarian will check the dogs to determine if they're malnourished.

"The lambs and the horse appeared to be thin, but I'm not the one to determine how they died," said Rodabaugh. "It will be up to the veterinarian to determine if the dogs were mistreated."

This was the second trip to the Weyer Road farm this week for law enforcement. Lapeer County Sheriff's deputies Mark Radenbaugh and Jeff Brooks and Michigan State Police trooper Denis McGuckin stood by Thursday morning while the U.S. Marshal's office executed a civil order and removed cable company equipment.

It was then the three noticed the caged and chained thin dogs who were without food or water. They saw the dead animals, and the pit containing the carcasses and contacted Rodabaugh.

Mills said the county has a vendetta against him and there was no reason for the raid.

"This county is out of control," said Mills. "The amount of money they spent on two raids could have fed a bunch of senior citizens. There is no case, they probably raided my farm because they don't like me."

The veterinarian and necropsy reports will be forwarded to Lapeer County Prosecuting Attorney Byron Konschuh to rule if there's evidence to support prosecution, said Rodabaugh.

"Byron will determine if there will be charges or not," said Rodabaugh. "It depends on the situation. He'll determine if possible charges would be felony, or misdemeanor neglect."

Case Updates

Felony animal torture and killing charges were dismissed today against an Imlay Township couple and their son by a district court judge.

A parade of veterinarians, animal control and sheriff's witnesses failed to sway Judge Laura C. Barnard that Mark, Ellen or Andrew Mills were responsible for the death of a horse found on the family's property.


The three continue to face misdemeanor charges of failure to provide animals with adequate care, improper animal burial and having an unlicensed dog. A pre-trial hearing for that case is Oct. 25.

Ellen Mills said today that they would continue to fight all the charges, which are set to be heard in October.

"This was a very good day," Ellen Mills said.

Kate Mills, daughter and sister of the three defendants, was cleared earlier after it was shown that she had been going to Michigan State University and was not at home during the alleged animal abuse.

During today's testimony, officers who entered the Mills' farm in March testified they knew the family would be away from the farm that day and entered without a warrant.

In dismissing the charges, Barnard noted that the animals had been fed and that no abuse or neglect had been proven.

In March, animal control officers removed seven dead lambs, the dead horse and three undernourished dogs from the Mills' farm on Weyer Road.

The officers were alerted about the health of the animals when U.S. marshals were at the farm to serve a civil order and saw dead animals, said Lapeer County Prosecutor Byron J. Konschuh.

In dismissing the case, Barnard described the care of the horse as "inept," but evidence did not rise to the level of willfully or maliciously killing the animal, said Lapeer County assistant prosecutor Geoff Stuart.

In testimony at a May preliminary exam, MSU veterinary diagnostic pathologist Dr. Dalen Agnew testified the horse on Mills' farm died of "choke" and pneumonia aspiration, most likely brought on by a lack of food and severe emaciation.

But the doctor also acknowledged there were a number of other reasons, beyond abuse and neglect, that would cause a horse to "choke."
Source: Michigan Live - Sep 13, 2007
Update posted on Sep 16, 2007 - 1:15AM 
A preliminary exam in the animal abuse case of an Imlay Township mother, father and son was rescheduled for 9 a.m. July 26 before District Judge Laura C. Barnard.

Pictures of a necropsy were not available Thursday, prompting the postponement.

Mark Mills, 46; Ellen Mills, 44; and Andrew Mills, 19, are each charged with a felony count of torturing and killing animals at the family farm in March. The three also face misdemeanor charges of animal abandonment and cruelty, improper animal burial and having an unlicensed dog.

Kate Mills, daughter and sister of the three defendants, was cleared after it was shown that she had been going to Michigan State University and was not at home during the alleged animal abuse.

Kate Mills, who is the Oakland County 4-H Queen, was suspended for more than a month, but was reinstated by the Oakland County Fair Board when the charges were dismissed.
Source: The Flint Journal - Jun 29, 2007
Update posted on Jun 29, 2007 - 1:16PM 
A district judge's dismissal today of all animal cruelty and neglect charges against Kate Mills, 20, of Imlay Township, could mean she could finish her reign at the Oakland County 4-H Club queen.

District Judge Laura C. Barnard said a lease showing that Mills lived in East Lansing where she is a student at Michigan State University absolved her of responsibility in the case.

Mills was charged along with her father Mark, 46; mother Ellen, 44; and brother Andrew, 19.

Each member of the family was charged with a felony count of torturing and killing animals at the family farm.

All but Kate Mills now face that charge, plus misdemeanor charges of animal abandoning and cruelty, improper animal burial, and having an unlicensed dog.

Defense attorney David Richardson offered Barnard evidence that the dog licenses were in the name of Ellen Mills and that a veterinary report showed that a horse that died Jan. 8 had been treated by a veterinarian on Jan. 7 for an ongoing condition.

Mills' reign as Oakland County's 4-H Club queen was suspended after word of the charges reached officials at the Oakland County Fair.

Fair officials said that if charges were dropped, the suspension also could continue until a new queen is crowned in July.

The preliminary exam for the remaining family members is scheduled to continue 9 a.m. June 28.
Source: Mlive - June 11, 2007
Update posted on Jun 11, 2007 - 4:12PM 
A local 4-H official said Kate Mills, a full-time student at Michigan State University, has been suspended as 4-H queen based on a clause in the organization's standard of conduct that prohibits cruelty to animals.

She and her family members have been charged with a felony count of torturing and killing animals and misdemeanor counts of animal abandoning and cruelty, improper animal burial, and having an unlicensed dog.

Her title is on hold pending resolution of the charges.
Source: NBC 5 News - May 30, 2007
Update posted on May 30, 2007 - 7:29PM 
A horse found dead on an Imlay Township farm died of "choke" and pneumonia aspiration, most likely brought on by a lack of food and severe emaciation, said a veterinary diagnostic pathologist from Michigan State University.

Dr. Dalen Agnew, an MSU professor, testified Thursday at a preliminary exam for a mother, father and two children charged with felony and misdemeanor animal violations.

Mark Mills, Ellen Mills and their children, Andrew Mills, 18, and Kate Mills, 20, face charges of a felony count of animal killing/torturing and misdemeanor charges of animal abandoning/cruelty, failing to bury an animal and having an unlicensed dog.

Following testimony by Agnew and partial testimony by Lapeer County Animal Control Chief Walt Rodabaugh, District Judge Laura C. Barnard adjourned the exam until 9 a.m. June 19 so attorneys could finish exchanging information in the case.

During a necropsy done at MSU by Agnew in March, the horse taken from the Mills farm was found to have an esophagus full of food and aspirated food in its lungs.

"The bones were extremely prominent," Agnew testified. "Its poor nutritional condition played a role in its choke. It was a markedly thin animal."

Agnew said starving horses sometimes quickly inhale food, causing them to choke. The condition is not always fatal, he said.

Under questioning by defense attorney David N. Richardson, Agnew listed a number of alternate causes of choke and pneumonia besides a lack of food.

Agnew also conceded he had not seen any records about ongoing veterinary treatment for the animal and whether it was receiving care at the time it died.

He said the horse had been dead for more than a week, and some of its poor condition could have been related to decomposition.

Rodabaugh said when he and a number of deputies arrived at the farm to serve a search warrant, Mark Mills became uncooperative.

"He was very irate, agitated and screaming at the Lapeer County deputies," Rodabaugh said.

Assistant Prosecutor Geoff Stuart was trying to elicit testimony from Rodabaugh about the lack of cooperation from any of the family membersto explain why the entire family was charged when Barnard adjourned the case.

Kate Mills, a student at MSU, was living in East Lansing at the time of the raid. Barnard said she would consider a motion at the next hearing to remove her from the case.

After the hearing, Ellen Mills said she and her family previously cooperated in another case with Rodabaugh that resulted in no charges, but they balked this time because of the overwhelming arrival of deputies and a search warrant.

"If (Rodabaugh) just came to my door, we would have talked to him," Ellen Mills said.

Animal control officers removed seven dead lambs, the dead horse and three undernourished dogs from the Mills' farm on Weyer Road in March.

The officers were alerted about the health of the animals when U.S. marshals were at the farm to serve a civil order and saw dead animals, said Lapeer County Prosecutor Byron J. Konschuh.
Source: Michigan Live - May 25, 2007
Update posted on May 29, 2007 - 2:29PM 
An Imlay Township mother, father and two children face preliminary exams in late May on a variety of felony and misdemeanor animal violations.

Mark and Ellen Mills are scheduled for a preliminary exam before District Judge Laura C. Barnard on May 24.

Andrew Mills, 18, and Kate Mills, 20, are scheduled for a preliminary exam on May 21 before District Judge John T. Connolly.

All four face charges of a single felony count of animal killing/torturing and misdemeanor charges of animal abandoning/cruelty, failing to bury an animal and having an unlicensed dog.

Seven dead lambs, a dead horse and three undernourished dogs were removed from the Mills' farm on Weyer Road by animal control officers armed with a search warrant in March.

Animal control officers were alerted to the concerns about the health of the animals when U.S. marshals were at the farm to serve a civil order and saw the dead animals, said Lapeer County Prosecutor Byron J. Konschuh.

Charges were issued after test results were received from Michigan State University, where the animals were taken for examination.

Mark and Ellen Mills, who own the farm and animals, said in March there is much more to the story than what deputies and prosecutors said.

The lambs were all newborn or stillborn and died during the cold snap, said Ellen Mills.

Because the animals were purchased from a farm where U.S. Department of Agriculture officials had identified a lamb disease, the Mills said they were told their farm was under quarantine and told not to bury any animals until they were examined and tested, Mills said.

The dead horse had been under a veterinarian's care, but the ground was at first too frozen and then later too muddy to be able to bury it, Ellen Mills said.
Source: Flint Journal - April 27, 2007
Update posted on Apr 28, 2007 - 1:35AM 
Four members of a Lapeer County family were arraigned before a magistrate on charges that they neglected animals.

Clair "Mark" Mills, his wife Ellen, their son Andrew, 19, and daughter, Kate, 20, were each charged Monday with killing or torturing an animal (a horse), a felony; animal abandonment or cruelty, a misdemeanor, for failing to provide adequate care for animals; insufficiently burying dead animals, a misdemeanor; and having dogs without proper licenses from the county, also a misdemeanor.

The warrants were authorized late last week by Lapeer County Prosecutor Byron Konschuh. The members of the Mills family, who live in Imlay Township, were allowed to come voluntarily to Lapeer County District Court to be arraigned on the charges. Magistrate Michael Delling arraigned them, setting a $5,000 personal recognizance bond for each of them.

Authorities took the carcasses of seven dead lambs and a dead horse and removed three undernourished dogs from the Mills' farm on March 16.
Source: The Flint Journal - April 3, 2007
Update posted on Apr 4, 2007 - 2:15AM 

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References

The County Press - March 19, 2007
The Flint Journal - March 17, 2007

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